Product Software. Licensor warrants, for a period of ninety (90) days after delivery of a Trillennium System to an End User, and solely for the benefit of such End User, that the Product Software will perform in all material respects in accordance with the applicable documentation and specifications provided to Licensee by Licensor. Licensor shall make such warranty available to Licensee’s End Users, provided, however, that such warranty shall not apply to any software interface, modification, installation, integration or other software not developed and provided by Licensor. Licensor reserves the right to charge a fee based on time, materials and costs, for all services provided pursuant to any claim under this warranty that Licensor, in its sole discretion, subsequently determines was not caused by a defect in the Product Software.
Product Software. 2.1 End User acknowledges that Products come pre-installed with Product Software. MosoLabs grants to End User a non-transferable, non-exclusive, royalty-free right and license (except for third-party software, where applicable) to use Product Software provided by MosoLabs under this Agreement following the terms and conditions set in Section 2.
2.2 Product Software shall be used only by the End User with a valid, authorized license. End User shall not share the Product Software with any non-authorized third- party. The rights granted to End User to use the Products under this Agreement do not convey any additional rights in the Product Software, or in any Intellectual Property Rights associated therewith. For the avoidance of doubt, subject only to limited rights to access and use the Product Software as expressly stated herein, all rights, title and interest in and to the Product Software, including all Intellectual Property Rights, will remain with and belong exclusively to MosoLabs.
Product Software. (a) All software forming part of the Sigi Patch Pump as of the date of this Agreement (the Product Software) is owned by or validly licensed to the Company, and the Company has the right to use it as currently used and as currently intended to be used.
(b) To the Sellers' Best Knowledge, all licenses granted to the Company of third party software forming part of Product Software are in full force and effect without default by any party thereto, the Company has paid any and all royalties due thereunder, and no such license may be terminated by the third party as a result of the transaction contemplated by this Agreement. Furthermore, to the Sellers' Best Knowledge, the Company is in compliance with the terms of use of any and all licenses which govern the use of Product Software.
(c) The Company is not obligated or under any liability to make any recurring payments by way of royalties, fees or otherwise to any owner or licensor of any Product Software other than commercially available, standard software (including, without limitation, any former and current employee and consultants) with respect to the use thereof.
(d) The Company is aware of, and in all material respects in compliance with, the terms of use of the licenses which govern the use of Public Software incorporated into the Product Software. To the Sellers' Best Knowledge, no Public Software has been incorporated with any Product Software owned by the Company in a manner that, under the applicable license, as of the date of this Agreement requires the Company to (i) disclose or distribute source code of any Product Software owned by the Company, (ii) to license any Product Software owned by the Company under a Public Software license, or (iii) to license any Product Software owned by the Company for the purpose of making derivative works.
Product Software. (i) MS warrants that Product software conforms substantially to the Product end user documentation.
(ii) If Product software fails to conform substantially to the Product end user documentation, then within thirty (30) days after MS' delivery to COMPANY of Product Deliverables for each release of Product licensed hereunder, COMPANY may report such deviations from end user documentation ("Deviations") to MS in writing. If COMPANY reports any Deviations prior to acceptance, then MS shall have sixty (60) days to correct such Deviations. Upon delivery of a corrected release of Product to COMPANY, COMPANY shall have thirty (30) days in which to reject the Product software for failure to conform substantially to the Product end user documentation.
(iii) If COMPANY does not report Deviations within the applicable period described in Section 4(c)(ii) above, or if COMPANY distributes the Product to a customer for revenue, COMPANY shall be deemed to have accepted the Product. If MS fails to correct Deviations prior to acceptance, then as COMPANY's sole remedy COMPANY may terminate the License Agreement with respect to such release of Product,
Product Software. All design, development, application and technical support software and associated documentation used or useful in the design and manufacture of the Commercial Logic Products, including such as are identified on Schedule 2.1(f) hereto except to the extent that such is exclusively used in the Military Logic Business (the "Product Software");
Product Software. If Software is delivered under this Agreement or otherwise in connection with the Product or Services, the term “Product” or “Services”, as applicable, will be deemed to include Software. Supplier agrees to correct any non-compliance of the Software as soon as possible. For clarity, “non-compliance” of Software means failure of the Software to comply with Supplier’s warranties in Section 8 of the Agreement (including by way of example a failure to comply with the applicable portion of the Specifications) or a defect in the Software that causes the hardware portion of a Product become an NC Product. 14.
Product Software. PRODUCT Software is licensed for distribution only and not sold. Each sale of the PRODUCT to BTS shall be deemed also to include the granting of an exclusive license to use the PRODUCT Software in the PRODUCT so purchased and to sublicense the same with the resell of PRODUCT.
Product Software. Software embedded in the product is licensed and governed by the END USER LICENSE AGREEMENT. Product Purchase is governed by the LIMITED WARRANTY and the TERMS AND CONDITIONS OF SALE.
Product Software. The design, development, application and technical support software and associated documentation.
Product Software
